PRESS RELEASE
For Immediate Release – June 13, 2024
Media Contact:
Randy Miller, Enforcement and Litigation Attorney
Agency of Natural Resources
802- 272-1744, Randy.Miller@vermont.gov
Barton Landowner Fined for Operating Unpermitted Salvage Yard
Montpelier, Vt. – The Agency of Natural Resources Department of Environmental Conservation (DEC) announced today that Brent Bapp was fined $24,859.80 for operating a salvage yard without a permit on his property in Barton.
Salvage yards provide important waste management services to Vermonters by reusing and recycling a range of materials from automobiles and scrap metal to hazardous waste like vehicle fluids and lead-acid batteries. Hazardous materials can have severe impacts if released into the environment, including contaminating soils, groundwater and drinking water, and degrading public health. Because of this risk, salvage yards are responsible for operating in compliance with laws that protect public health and the environment and must obtain a Salvage Yard Permit from the Agency of Natural Resources. Prior to applying for a Salvage Yard Permit, a Certificate of Approved Location must be obtained from the local municipality, which considers local zoning, ordinances, and appropriate siting of the salvage yard, including its proximity to schools, neighbors, and drinking water sources.
“Due to the risk that salvage yards could pose to human health and the environment if they are not properly sited or operated, it is essential that they obtain all necessary permits prior to operating,” says Jason Batchelder, DEC Commissioner. “Our Salvage Yard Program offers best management practices and information to operators to encourage salvage yard practices that are protective of citizens and the environment.”
In 2018, Agency staff conducted a site inspection of Mr. Bapp’s property and observed the outdoor storage of approximately 28 junk motor vehicles. This activity meets the definition of a salvage yard and requires a permit. Mr. Bapp was notified of the violation and given directives to bring the property into compliance. During a follow-up site visit in July 2020, staff observed that the property had been returned to compliance with the Salvage Yard Rule. However, in December 2020, during a site inspection staff observed that the property was in violation of the Salvage Yard Rule again. Despite contacting Mr. Bapp multiple times to inform him of the violation and attempt to gain compliance, staff observed that the site remained in violation during several site visits and viewings of the property between December 2020 and August 2023. As many as 65 junk motor vehicles were observed on the unpermitted site.
After attempts to resolve the matter were unsuccessful, the Agency filed an Administrative Order with the Superior Court, Environmental Division. The parties subsequently agreed to resolve the matter with an Assurance of Discontinuance, and Mr. Bapp agreed to a fine of $24,859.80 for the violations. He also agreed to cease accepting junk or junk motor vehicles at the site and bring the property into compliance by July 31, 2024. This agreement was incorporated into a Final Judicial Order of the Vermont Superior Court, Environmental Division.
For more information about DEC’s Salvage Yard Program, including the Salvage Yard Rule and a current list of permitted salvage yards, visit https://dec.vermont.gov/waste-management/vermont-salvage-yard-program.
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